We examine the main provisions of the Land Acquisition Act in India

The functions for which it may be used and how it affects landowners

Since land is a scarce resource in a Populated country like India, buy house in Navi Mumbai the government has formulated certain provisions, guidelines, and rules, to facilitate infrastructure development in areas where the land is privately owned, or used for agricultural purposes. Called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, this legislation replaced the archaic Land Acquisition Act, 1894, to bring in a new process, which would grant fair compensation to those affected.

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What is land acquisition?

Land acquisition is a process by which the Government (state or union) can acquire private land for the purpose of infrastructure growth, flats in navi mumbai for sale urbanization or industrialization. In return, the government will cover a suitable compensation to the landowner, as per the market value, and would be responsible for the rehabilitation and resettlement of the affected landowners.

What is the Land Acquisition Act?

The Land Acquisition Act, also known as, The Act chalks out the supply for providing fair remuneration to the property owners, bringing transparency into the system and directs the government to rehabilitate individuals who are most affected, due to their land being removed.

Provisions and purpose of property acquisition

According to the Act, the government of India (state, as well as central) can procure land for its own use or for public sector companies or for’public purpose’, CIDCO Navi Mumbai which can include any of them:

  1. For any work associated with national or state security or defense services of India, including naval, army, aviation or other armed forces, under the purview of the state or central government.
  2. For building public infrastructure but excluding private hospitals, private educational institutional and private resorts.
  3. For any project involving agriculture or allied industries, such as dairy, fisheries or meat processing, owned by the government or by farmer’s cooperatives.
  4. For industrial corridors, manufacturing zones or other jobs listed in the National Manufacturing Policy. This can also have mining activities.
  5. For water harvesting, conservation structure projects or for planned development or improvement of village sites.
  6. For government-aided educational and research institutions.
  7. For planned development, like creating housing projects for the weaker sections, in urban or rural areas.

Public functions and controls the land bank directly, the landowners’ consent isn’t a necessity. However, once the property is acquired for setting up private businesses, the approval of at least 80% of the affected households is mandatory. properties in Navi Mumbai if the project is undertaken via a public-private partnership, then, 70 percent of the affected families have to give their approval for the land acquisition process.

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Section 26 of this Act deals with Compensation for the property owners. It summarizes the proposed minimum reimbursement, based on multiples of the market value. Normally, the market value is multiplied by a variable of one of twice, for land acquired in urban and rural areas.

The market value of the land is determined From the average sale price for comparable types of land situated in the village or nearest vicinity area. This sale price is evaluated, by contemplating one-half of the complete number of sale deeds or the agreements to sell, in which the highest price has been mentioned.

The compensation is also a consented Amount, in case the property is acquired for private businesses or public-private venture projects.

In 2015 which resulted in the following shortcomings:

  1. The Social Impact Assessment was a must for each acquisition in the Act but the compulsory requirement was eliminated for safety, defense, rural infrastructure, and industrial corridor projects from the amendment.
  2. Consent is not mandatory for government jobs in the latest amendment. low budget flats in navi mumbai this can lead to forceful evictions of landowners, without appropriate alternate arrangements for their rehabilitation and resettlement.
  3. Earlier, multi-cropped land could not be obtained for any purpose but according to the most recent amendment, even multi-crop irrigated land could be acquired for safety and social infrastructure projects.

Land Acquisition Act timeline

7 September 2011: Land Purchase, Reconstruction and Resettlement Bill, 2011, introduced in the Sabha loco.

29 August 2013: Bill passed by Lok Sabha.

4 September 2013: Bill passed by Rajya Sabha.

September 27, 2013: Bill is approved by the President.

1 January 2014: Land Acquisition Act takes effect.

May 30th, 2015: the President enacts the amendment.

 

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